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Curator moves against alleged strippers of pension fund surpluses

Publish date: 11 June 2007
Issue Number: 1843
Diary: Legalbrief Today
Category: General

A Witwatersrand High Court action initiated by Tony Mostert, the curator of the affected funds, to recover more than R133.6m (R23m plus investment growth) from a major hospital group, Life Esidemi Group Holdings (formerly Lifecare), and its retirement fund, Lifecare Group Holdings Pension Fund, is the latest move against those who allegedly stripped retirement fund surpluses in the mid-1990s.

According to a Personal Finance report, Mostert says this is the first of a number of actions he intends taking to recover what is likely to be hundreds of millions of rands (including interest) of retirement fund surpluses that have been stripped by employers from various funds. Lifecare and its pension fund were allegedly used to launder the transfer of surplus assets from at least seven retirement funds to employers. Lifecare was an African Oxygen Limited (Afrox) group subsidiary until 2005, when it was partially sold in a major black empowerment deal. In papers filed with the Witwatersrand High Court, Mostert says that the money is owed to the pensioners of the Mitchell Cotts Pension Fund. Mostert claims the fund was unlawfully plundered in a ‘raid’ by the owner of Mitchell Cotts, Roland Bailey and his family, with the complicity and involvement of a number of other parties. These parties included Lifecare and its pension fund, a number of companies registered in the offshore Jersey jurisdiction, Bailey Finansbank and retirement fund administrator Alexander Forbes, which last year was forced to pay back almost R500m in secret profits it had made from funds. Full Personal Finance report

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